Victim advocacy groups push back on Virginia bill

Advocacy groups push back against new Virginia drunk driving bills

A growing fight is unfolding in Virginia over two newly introduced drunk‑driving bills.

FAIRFAX COUNTY, Va. - A battle is brewing as victim advocacy groups push back against a bill moving through the Virginia General Assembly. What began as a proposal critics feared would weaken drunk driving laws, now appears prepared to cast a much wider net.

What we know:

Senate Bill 764 would allow judges to use deferred disposition, a process in which a judge can delay conviction and give a defendant time to complete court‑ordered conditions before deciding whether to dismiss or reduce charges. 

MADD or "Mothers Against Drunk Driving" originally flagged the bill for focusing on DUI cases, which strong opposition and concern the senate bill would actually weaken — and essentially defeat purpose of having drunk driving laws. 

In part of a letter of opposition submitted by MADD, Responsibility.org and the "Washington Regional Alcohol Program" (WRAP) argued: 

"SB 764 allows for deferrals in injury related cases. This aspect of SB 764 undermines consequences associated with driving impaired and more importantly erodes the ability for victims seeking justice after a DUI. Lastly, MADD believes it is problematic that SB 764 allows for DUI offenders to receive a deferral on a first or repeat offense." 

"The Senate voted to advance this 37-2. It's time for folks to wake up. If this bill is to move forward, there needs to be more guardrails in place and right now that's just not there — and that's really concerning to MADD," said Frank Harris, MADD's Director of State Government Affairs. 

The Virginia Association of Commonwealth’s Attorneys (VACA) tells FOX 5 just before the bill passed the Senate, an amendment was added on the Senate Floor that would open deferred dispositions to all crimes, including manslaughter, rape, DUI, sexual assault and stalking.

It’s a dangerous checks‑and‑balances concern for Nate Green, VACA’s legislative chair and the Commonwealth’s Attorney for Williamsburg and James City County. 

"I believe that this is a trend towards leniency for the defendant without a true balance of protection for victims and protections for our community. I think it's always important. Prosecutors, every day, make that balance. And we - we look at circumstances to try and find that balance. But to eliminate the prosecutors and to say, 'Judges, you get to make the call even when the Commonwealth has proven this case even beyond a reasonable doubt,' I think sways too far towards leniency and not enough towards protecting our citizens," said Green. 

Some of VACA's concerns include the current bill not limiting the types of crimes that can receive a deferred finding and the lack of limits to repeat offenders. 

Victim advocacy groups push back on Virginia bill

Green explained there are current laws that allow for deferred findings in lower-level crimes. Underage Possession of Alcohol was an example given. Experts explain this is more so to address social injustices of the past. However, Green says those laws come with important guardrails SB 764 does not include.  

The lawmaker who proposed the original bill, Republican state Senator William M. Stanley Jr., told FOX 5 in a statement: 

"Every case is unique and we need to trust our judges to do the right thing. This bill restores to our courts the power they had until 2014, when a Supreme Court ruling stripped their ability to treat each case as a unique case, with a unique defendant and a unique set of facts. We’re taking the law back to 2014 and saying, ‘We recognize that our judges are the arbiters of our criminal justice system.’

"As legislators, we put people on the bench who we think are going to do the best job. We should empower them to look at each case uniquely, to listen to the arguments and then make a decision for themselves on what should be a just and appropriate sentence for the person who is before them at the bar of justice."

The bill is expected on the House Floor on Wednesday, March 4th. 

Victim advocacy groups push back on Virginia bill